Wright v Woollahra Municipal Council [2009] NSWLEC 1173

Wright v Woollahra Municipal Council [2009] NSWLEC 1173

The proposed modification, with a reduction in maximum height to RL 10.30 (below the maximum permitted), results in only minor additional view loss from neighbouring apartments, maintains satisfactory view sharing in accordance with planning objectives and the Tenacity principles, and complies with all relevant planning controls. Therefore, the modification should be approved.

Jurisdiction
Australia
Judgment Date
02 June 2009
Procedural Posture
Modification Application Appeal / Judgment
Outcome
appeal upheld; modification application approved
Legal Topics
['modification of Development Consent' 'building Height' 'view Loss' 'view Sharing']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'building Height' 'view Loss' 'view Sharing']

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Procedural Posture

Modification Application Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed modification to increase building height should be granted having regard to impacts on view loss from neighbouring properties and compliance with relevant planning controls.']

Ratio Decidendi

The proposed modification, with a reduction in maximum height to RL 10.30 (below the maximum permitted), results in only minor additional view loss from neighbouring apartments, maintains satisfactory view sharing in accordance with planning objectives and the Tenacity principles, and complies with all relevant planning controls. Therefore, the modification should be approved.

Court Disposition

appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' 'The modification application to amend development consent 673/2006/1 (6 November 2007) for alterations and additions/construction of a dwelling house at 2 Marine Parade Double Bay is approved and the consent is modified as specified.' 'Work must proceed in accordance with the amended plans...